Stipulation and Order Re: Sentence Reduction 1

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HEATHER E. WILLIAMS, Bar #122664

Federal Defender

HANNAH R. LABAREE, Bar #294338

Assistant Federal Defender

Counsel Designated for Service

801 I Street, 3rd Floor

Sacramento, California 95814

Telephone: (916) 498-5700

Attorneys for Defendant

RAFAEL OJEDA-ONTIVEROS

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

RAFAEL OJEDA-ONTIVEROS,

Defendant.

No. Cr. S 04-388 MCE

STIPULATED MOTION AND ORDER TO 

REDUCE SENTENCE PURSUANT TO 18 

U.S.C. § 3582(c)(2)

RETROACTIVE DRUGS-MINUS-TWO

REDUCTION CASE

Judge: Honorable MORRISON C. ENGLAND, JR.

Defendant, RAFAEL OJEDA-ONTIVEROS, by and through his attorney, Assistant 

Federal Defender Hannah R. Labaree, and plaintiff, UNITED STATES OF AMERICA, by and 

through its counsel, Assistant U.S. Attorney Jason Hitt, hereby stipulate as follows:

1. Pursuant to 18 U.S.C. § 3582(c)(2), this Court may reduce the term of 

imprisonment in the case of a defendant who has been sentenced to a term of imprisonment 

based on a sentencing range that has subsequently been lowered by the Sentencing Commission 

pursuant to 28 U.S.C. § 994(o);

2. On July 19, 2007, this Court sentenced Mr. Ojeda-Ontiveros to a term of 210

months imprisonment;

3. His total offense level was 37, his criminal history category was I, and the 

resulting guideline range was 210 to 262 months;

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Stipulation and Order Re: Sentence Reduction 2

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4. The sentencing range applicable to Mr. Ojeda-Ontiveras was subsequently 

lowered by the United States Sentencing Commission in Amendment 782, made retroactive on 

July 18, 2014, see 79 Fed. Reg. 44,973;

5. Mr. Ojeda-Ontiveros’ total offense level has been reduced from 37 to 35, and his

amended guideline range is 168 to 210 months; 

6. Accordingly, the parties request the Court enter the order lodged herewith 

reducing Mr. Ojeda-Ontiveros’ term of imprisonment to 168 months.

Respectfully submitted,

Dated: January 6, 2016 Dated: January 6, 2016

BENJAMIN B. WAGNER HEATHER E. WILLIAMS

United States Attorney Federal Defender

/s/Jason Hitt /s/ Hannah R. Labaree JASON HITT HANNAH R. LABAREE

Assistant U.S. Attorney Assistant Federal Defender

Attorney for Plaintiff Attorney for Defendant

UNITED STATES OF AMERICA RAFAEL OJEDA-ONTIVERAS

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Stipulation and Order Re: Sentence Reduction 3

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ORDER

This matter came before the Court on the stipulated motion of the defendant for reduction 

of sentence pursuant to 18 U.S.C. § 3582(c)(2). 

The parties agree, and the Court finds, that Mr. Ojeda-Ontiveros is entitled to the benefit 

of Amendment 782, which reduces the total offense level from 37 to 35, resulting in an amended

guideline range of 168 to 210 months.

IT IS HEREBY ORDERED that the term of imprisonment imposed in July 2007 is 

reduced to a term of 168 months.

IT IS FURTHER ORDERED that all other terms and provisions of the original judgment 

remain in effect. The clerk shall forthwith prepare an amended judgment reflecting the above 

reduction in sentence, and shall serve certified copies of the amended judgment on the United 

States Bureau of Prisons and the United States Probation Office.

Unless otherwise ordered, Mr. Ojeda-Ontiveros shall report to the United States 

Probation Office within seventy-two hours after his release.

IT IS SO ORDERED. 

Dated: January 11, 2016

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